Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 8 years ago,

User Stats

247
Posts
76
Votes
Benjamin Barredo
  • Wholesaler
  • Knoxville, TN
76
Votes |
247
Posts

Can a Home that is Part of a Legal Battle Be Bought and How?

Benjamin Barredo
  • Wholesaler
  • Knoxville, TN
Posted

I got a call for a poor old woman that has a tough situation. 

In short, she deeded two of her homes to her son who was being sued by a construction company. The company found out about the properties, included them in what they were going after and the son didn't show up in court to fight the suit and lost. The woman, thinking she could save the homes, deeded them back into her name and got a letter stating she had committed fraud ( I guess this was sent by the same construction company and their lawyers). 

So, she has two houses she wants desperately to sell so she can move away from Tennessee. She lives in one and rents the other. She said she tried to negotiate with the company but hasn't heard from them. This has been in the process for a few years. 

My question is this - Could she sell the homes to someone else or would they have to negotiate the purchase with the construction company? 

What other information do I need to get from her to get a better answer? Does it matter how long the deed was in her sons name? What if it was a few months versus a few years? 

How would you handle this? 

Do you know anyone that I might be able to get her in touch with to get legal advice for cheap or free. She is having a hard time. Her lawyer deals mostly in wills and stuff. I think she might need a real estate lawyer or a trial lawyer, lol, idk. You tell me. 

I hope to get some answers. I'd love to help her out of this situation. 

The homes are "zestimated" at over 130k each. She's willing to give one of them away so I think if it can be worked out this is a potentially killer deal. 

@Jay Hinrichs @Ryan Dossey

Loading replies...